§ 920b. Art. 120b. Rape and sexual assault of a child

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title V § 541(b) · 125 Stat. 1298

   Enacted · 10 U.S.C. § 920b

   Added Pub. L. 112–81, div. A, title V, § 541(b), Dec. 31, 2011, 125 Stat. 1407

   Source evidence

   Code source credit
   Added Pub. L. 112–81, div. A, title V, § 541(b), Dec. 31, 2011, 125 Stat. 1407

   Enacted provision · exact public law section
   (b) Rape and Sexual Assault of a Child.— Chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after section 920a (article 120a), as amended by subsection (a), the following new section (article): “§ 920b. Art. 120b. Rape and sexual assault of a child “(a) Rape of a Child.— Any person subject to this chapter who— “(1) commits a sexual act upon a child who has not attained the age of 12 years; or “(2) commits a sexual act upon a child who has attained the age of 12 years by— “(A) using force against any person; “(B) threatening or placing that child in fear; “(C) rendering that child unconscious; or “(D) administering to that child a drug, intoxicant, or other similar substance; is guilty of rape of a child and shall be punished as a court-martial may direct. “(b) Sexual Assault of a Child.— Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct. “(c) Sexual Abuse of a Child.— Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct. “(d) Age of Child.— “(1) Under 12 years.— In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years. “(2) Under 16 years.— In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years. “(e) Proof of Threat.— In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat. “(f) Marriage.— In a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused. “(g) Consent.— Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force. “(h) Definitions.— In this section: “(1) Sexual act and sexual contact.— The terms ‘sexual act’ and ‘sexual contact’ have the meanings given those terms in section 920(g) of this title (article 120(g)). “(2) Force.— The term ‘force’ means— “(A) the use of a weapon; “(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; or “(C) inflicting physical harm. In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force. “(3) Threatening or placing that child in fear.— The term ‘threatening or placing that child in fear’ means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action. “(4) Child.— The term ‘child’ means any person who has not attained the age of 16 years. “(5) Lewd act.— The term ‘lewd act’ means— “(A) any sexual contact with a child; “(B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; “(C) intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or “(D) any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.” .

2. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 div. A title X § 1076(a)(3) · 126 Stat. 1632

   Changed · 10 U.S.C. § 920b

   Pub. L. 112–239 made technical amendment to directory language of Pub. L. 112–81, which enacted this section

   Source evidence

   Code amendment note
   Pub. L. 112–239 made technical amendment to directory language of Pub. L. 112–81, which enacted this section.

   Enacted provision · exact public law section
   (3) Section 541(b) (125 Stat. 1407) is 10 USC 920b. amended by striking “, as amended by subsection (a),”.

3. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LX § 5430(c) · 130 Stat. 2000

   Inserted · 10 U.S.C. § 920b(h)(1)

   Pub. L. 114–328 inserted before period at end “, except that the term ‘sexual act’ also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person”

   Source evidence

   Code amendment note
   Subsec. (h)(1). Pub. L. 114–328 inserted before period at end “, except that the term ‘sexual act’ also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person”.

   Enacted provision · exact public law section
   (c) Rape and Sexual Assault of a Child.— Subsection (h)(1) of section 920b of title 10, United States Code (article 120b of the Uniform Code of Military Justice), is amended by inserting before the period at the end the following: “, except that the term ‘sexual act’ also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person”.

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

4. 2024

   Pub. L. 118–159 div. A title V § 565 · 138 Stat. 1904

   1. Redesignated · 10 U.S.C. § 920b(f)

      Pub. L. 118–159 redesignated subsec. (g) as (f)

   2. Struck · 10 U.S.C. § 920b(f)

      Pub. L. 118–159 struck out “not legally married to the person committing the sexual act, lewd act, or use of force” before “cannot consent to any sexual act”

   3. Struck · 10 U.S.C. § 920b(f)

      Pub. L. 118–159 struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “In a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused.”

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 118–159 redesignated subsec. (g) as (f), struck out “not legally married to the person committing the sexual act, lewd act, or use of force” before “cannot consent to any sexual act”, and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “In a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused.”

5. 2024

   Pub. L. 118–159 § 565(2) · 138 Stat. 1904

   Redesignated · 10 U.S.C. § 920b(g); 10 U.S.C. § 920b(h)

   Pub. L. 118–159, § 565(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f)

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsecs. (g), (h). Pub. L. 118–159, § 565(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

3 of 7 references resolved to an enrolled provision · 4 unresolved